§ 226.206 Critical habitat for the Southern Resident killer whale (*Orcinus orca*). Critical habitat is designated for the Southern Resident killer whale as described in this section. The maps, clarified by the textual descriptions in this section, are the definitive source for determining the critical habitat boundaries. ( a ) *Critical habitat boundaries.* Critical habitat is designated to include all areas in paragraphs (a)(1) and (2) of this section. ( 1 ) *Inland waters of Washington State.* Critical habitat includes three specific marine areas of Puget Sound, Washington, within the following counties: Clallam, Jefferson, King, Kitsap, Island, Mason, Pierce, San Juan, Skagit, Snohomish, Thurston, and Whatcom. Critical habitat includes all waters relative to a contiguous shoreline delimited by the line at a depth of 20 ft (6.1 m) relative to extreme high water in each of the following areas: ( i ) *Summer Core Area.* All U.S. marine waters in Whatcom and San Juan counties; and all marine waters in Skagit County west and north of the Deception Pass Bridge (Highway 20) (48°24′25′′ N/122°38′35′′ W).
( ii ) *Puget Sound Area.* All marine waters in Island County east and south of the Deception Pass Bridge (Highway 20) (48°24′25′′ N/122°38′35′′ W), and east of a line connecting the Point Wilson Lighthouse (48°8′39′′ N/122°45′12′′ W) and a point on Whidbey Island located at 48°12′30′′ N/122°44′26′′ W; all marine waters in Skagit County east of the Deception Pass Bridge (Highway 20) (48°24′25′′ N/122°38′35′′ W); all marine waters of Jefferson County east of a line connecting the Point Wilson Lighthouse (48°8′39′′ N/122°45′12′′ W) and a point on Whidbey Island located at latitude 48°12′30′′ N/122°44′26′′ W, and north of the Hood Canal Bridge (Highway 104) (47°51′36′′ N/122°37′23′′ W); all marine waters in eastern Kitsap County east of the Hood Canal Bridge (Highway 104) (47°51′36′′ N/122°37′23′′ W); all marine waters (excluding Hood Canal) in Mason County; and all marine waters in King, Pierce, Snohomish, and Thurston counties.
( iii ) *Strait of Juan de Fuca Area.* All U.S. marine waters in Clallam County east of a line connecting Cape Flattery, Washington (48°23′10′′ N/124°43′32′′ W), Tatoosh Island, Washington (48°23′30′′ N/124°44′12′′ W), and Bonilla Point, British Columbia (48°35′30′′ N/124°43′00′′ W); all marine waters in Jefferson and Island counties west of the Deception Pass Bridge (Highway 20) (48°24′25′′ N/122°38′35′′ W), and west of a line connecting the Point Wilson Lighthouse (48°8′39′′ N/122°45′12′′ W) and a point on Whidbey Island located at 48°12′30′′ N/122°44′26′′ W.
( 2 ) *Coastal marine waters along the U.S. West Coast.* Critical habitat includes six specific marine areas along the coasts of Washington, Oregon, and California. Critical habitat includes all waters relative to a contiguous shoreline delimited by the line at a depth of 20 ft (6.1 m) relative to mean high water in each of the following areas: ( i ) *Coastal Washington/Northern Oregon Inshore Area.* U.S. marine waters west of a line connecting Cape Flattery, Washington (48°23′10′′ N/124°43′32′′ W), Tatoosh Island, Washington (48°23′′ N/124°44′12′′ W), and Bonilla Point, British Columbia (48°35′30′′ N/124°43′00′′ W), from the U.S. international border with Canada south to Cape Meares, Oregon (45°29′12′′ N), between the 6.1-m and 50-m isobath contours. This includes waters off Clallam, Jefferson, Grays Harbor, and Pacific counties in Washington and Clatsop and Tillamook counties in Oregon.
( ii ) *Coastal Washington/Northern Oregon Offshore Area.* U.S. marine waters west of a line connecting Cape Flattery, Washington (48°23′10′′ N/124°43′32′′ W), Tatoosh Island, Washington (48°23′30′′ N/124°44′12′′ W), and Bonilla Point, British Columbia (48°35′30′′ N/124°43′00′′ W) south to Cape Meares, Oregon (45°29′12′′ N), between the 50-m and 200-m isobath contours. This includes waters off Clallam, Jefferson, Grays Harbor, and Pacific counties in Washington and Clatsop and Tillamook counties in Oregon.
( iii ) *Central/Southern Oregon Coast Area.* U.S. marine waters from Cape Meares, Oregon (45°29′12′′ N) south to the border between Oregon and California (42°00′00′′ N), between the 6.1-m and 200-m isobath contours. This includes waters off Tillamook, Lincoln, Lane, Douglas, Coos, and Curry counties in Oregon.
( iv ) *Northern California Coast Area.* U.S. marine waters from the border between Oregon and California (42°00′00′′ N) south to Cape Mendocino, California (40°26′19′′ N), between the 6.1-m and 200-m isobath contours. This includes waters off Del Norte and Humboldt counties in California.
( v ) *North Central California Coast Area.* U.S. marine waters from Cape Mendocino, California (40°26′19′′ N) south to Pigeon Point, California (37°11′00′′ N), between the 6.1-m and 200-m isobath contours. This includes waters off Humboldt, Mendocino, Sonoma, Marin, San Francisco, and San Mateo counties in California.
( vi ) *Monterey Bay Area.* U.S. marine waters from Pigeon Point, California (37°11′00′′ N) south to Point Sur, California (36°18′00′′ N), between the 6.1-m and 200-m isobath contours. This includes waters off San Mateo, Santa Cruz, and Monterey counties in California.
( b ) *Essential features.* The essential features for the conservation of Southern Resident killer whales are the following: ( 1 ) Water quality to support growth and development;
( 2 ) Prey species of sufficient quantity, quality, and availability to support individual growth, reproduction, and development, as well as overall population growth; and
( 3 ) Passage conditions to allow for migration, resting, and foraging.
( c ) *Sites owned or controlled by the Department of Defense.* Critical habitat does not include the following particular areas owned or controlled by the Department of Defense, or designated for its use, in the State of Washington, including shoreline, nearshore areas around structures such as docks and piers, and marine areas where they overlap with the areas described in paragraph (a) of this section: ( 1 ) Naval Undersea Warfare Center, Keyport;
( 2 ) Naval Ordnance Center, Port Hadlock (Indian Island);
( 3 ) Naval Fuel Depot, Manchester;
( 4 ) Naval Air Station, Whidbey Island;
( 5 ) Naval Station, Everett;
( 6 ) Naval Hospital Bremerton;
( 7 ) Fort Lewis (Army);
( 8 ) Pier 23 (Army);
( 9 ) Puget Sound Naval Ship Yard;
( 10 ) Strait of Juan de Fuca naval air-to-surface weapon range, restricted area;
( 11 ) Strait of Juan de Fuca and Whidbey Island naval restricted areas;
( 12 ) Admiralty Inlet naval restricted area;
( 13 ) Port Gardner Naval Base restricted area;
( 14 ) Port Orchard Passage naval restricted area;
( 15 ) Sinclair Inlet naval restricted area;
( 16 ) Carr Inlet naval restricted area;
( 17 ) Port Townsend/Indian Island/Walan Point naval restricted area;
( 18 ) Crescent Harbor Explosive Ordnance Units Training Area; and
( 19 ) Quinault Range (including the surf zone at Pacific Beach) and a 10-km buffer around most of the Quinault Range, not including the portion of this buffer that extends beyond 10 km into the Olympic Coast National Marine Sanctuary (OCNMS).
( d ) *Maps of Southern Resident killer whale critical habitat.*
[86 FR 41695, Aug. 2, 2021]